What is the legal test for an advance payment order under section 265.6?

Smith v. Agnew also provides at paragraphs 56 and 59: 56 Since the plaintiff is the moving party, he or she bears the burden of establishing that all conditions precedent to the issuance of an order under s. 265.6 have been met. Thus, the evidence on the hearing must show that it will be proven at trial that the defendant owed the plaintiff a duty of care, the former breached that duty and, as a result, the latter sustained the special damages targeted by the advance payment order. 59 Section 265.6 has application to any civil action for damages arising out of an automobile accident. In any such action, the civil standard, proof on a balance of probabilities, applies to the determination of all issues including liability, causation and quantum of special damages. One would think that if the legislature intended that some other standard govern the adjudication of applications under s. 265.6, it would have said so in explicit statutory language.